03-05-2011, 05:33 PM
(03-05-2011, 12:58 PM)Adub Wrote: I read that Ohio just passed the law allowing DNA on arrest for a felony but that they do not have the funding in place. So new law not yet happening. But if the guilty party has already been convicted of a felony, Toledo is good to go.
In CA, DNA is taken after an arrest for a felony. And I always thought it was way messed up. Based solely on the fact that even the arrested are considered innocent until proven guilty in a court of law. Someone close to me was arrested on a BOGUS charge of cultivation (felony) (w/ a $75,000 bail posted by me) and the DA never filed charges. But yet DNA was taken. And I was out a couple of thousand bucks that went to Alladin.
But then I read in the news that this asswipe was arrested and charged with a horrendous murder all because of a DNA match made after an arrest for an unrelated felony.
http://crimevoice.com/dna-match-may-have...rder-3411/
They got the bastard and he will be held accountable.
So if someone close to me gets the DNA swab in a messed up situation, so be it. Stop getting yourself in messed-up situations.
TOTALLY agree with you Adub, it's a bullshit law...but, we're getting it.
Anyone in Ohio "ARRESTED" on a felony will have to submit to DNA as of July 1, 2011.
Here is a portion of the O.R.C.
LAW Writer® Ohio Laws and Rules Search ORC
» Title [29] XXIX CRIMES - PROCEDURE»
Chapter 2901: GENERAL PROVISIONS
2901.07 DNA specimen collection procedure.
(B)(1) On and after July 1, 2011, a person who is eighteen years of age or older and who is arrested on or after July 1, 2011, for a felony offense shall submit to a DNA specimen collection procedure administered by the head of the arresting law enforcement agency. The head of the arresting law enforcement agency shall cause the DNA specimen to be collected from the person during the intake process at the jail, community-based correctional facility, detention facility, or law enforcement agency office or station to which the arrested person is taken after the arrest. The head of the arresting law enforcement agency shall cause the DNA specimen to be collected in accordance with division © of this section.
(2) Regardless of when the conviction occurred or the guilty plea was entered, a person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a felony offense , who is sentenced to a prison term or to a community residential sanction in a jail or community-based correctional facility for that offense pursuant to section 2929.16 of the Revised Code, and who does not provide a DNA specimen pursuant to division (B)(1) of this section, and a person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a misdemeanor offense listed in division (D) of this section , who is sentenced to a term of imprisonment for that offense, and who does not provide a DNA specimen pursuant to division (B)(1) of this section, shall submit to a DNA specimen collection procedure administered by the director of rehabilitation and correction or the chief administrative officer of the jail or other detention facility in which the person is serving the term of imprisonment. If the person serves the prison term in a state correctional institution, the director of rehabilitation and correction shall cause the DNA specimen to be collected from the person during the intake process at the reception facility designated by the director. If the person serves the community residential sanction or term of imprisonment in a jail, a community-based correctional facility, or another county, multicounty, municipal, municipal-county, or multicounty-municipal detention facility, the chief administrative officer of the jail, community-based correctional facility, or detention facility shall cause the DNA specimen to be collected from the person during the intake process at the jail, community-based correctional facility, or detention facility. The DNA specimen shall be collected in accordance with division © of this section.
Personally, I have a problem with this law, taking DNA without conviction.
My husband had to shoot (didn't kill him) an uninvited person in our home. Although it was clearly self defense, my husband had wounds from the guy beating on him, he was initially charged with Felonious Assult . It never went to grand jury because the Prosecutor didn't wish to procede.
This is not the reporting officers fault, they can only write a report with the facts they have available at the time and, for whatever reason they felt a charge of felonious assult was warranted. HOWEVER, the Prosecutor felt differently, the evidence to convict wasn't there.
In my opinion, there's a BIG difference between a charge on a police report and a CONVICTION.